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lations respecting the territory (a) or cther property belonging to the United States ; () Art. 4. Sect. 3. and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.
Sect. IV. The United States shall guarantee to every state in this Union a republican Republican form form of government, and shall protect each of them against invasion ; and on application &e., guurautica. of the legislature, or of the executive, (when the legislature cannot be convened,) against domestic violence.
ARTICLE V. The congress, whenever two-thirds of both houses shall deem it necessary, shall pro- Amendments: pose amendments to this constitution, or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in threefourths thereof, as the one or the other mode of ratification may be proposed by the congress; provided, that no amendment, which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the senate.
ARTICLE VI. 1. All debts contracted, and engagements entered into, before the adoption of this Debts. constitution, shall be as valid against the United States, under this constitution, as under the confederation.
2. This constitution, and the laws of the United States, which shall be made in pur- Supreme law of suance thereof, and all treaties (c) made, or which shall be made, under the authority of the United States, shall be the supreme law of the land ;(d) and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.
3. The senators and representatives before mentioned, and the members of the several Oaths of office. state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound, by oath or affirmation, to support this constitution ; but no religious test shall ever be required as a qualification to any office or public trust No religious test under the United States.
ARTICLE VII. The ratification of the conventions of nine states shall be sufficient for the establish- Ratification. ment of this constitution between the states so ratifying the same. Done in convention, by the unanimous consent of the states present, the seventeenth
day of September, in the year of our Lord one thousand seven hundred and eightyseren, and of the Independence of the United States of America the twelfth. In witness whereof, we have hereunto subscribed our names.
GEORGE WASIIINGTON, President,
And deputy from Virginia.
William Samuel Johnson,
Alexander Hamilton. Rufus King. (n) The term “ territory," as here used, is merely descriptive of the form of this local government must be regulated by the dis. one kind of property, and is equivalent to the worl lands. United cretion of congress-but with powers not exceeding those wbich States r. Gratiot, 1 Pet. 537. This clause applies only to territory congress itself, by the constitution, is authorized to exercise over within the chartered limits of some one of the states when they citizens of the United States, in respect to their rights of persons were colonies of Great Britain. It does not apply to territory or rights of property. The territory thus acquired, is acquired liy exquired by the present federal government, hy treaty or con- the people of the United States, for their common and equal quest, from a foreign nation. Dred Scott r. Sandboril
, 19 low, 395. benefit; and overy citizen bas a right to take with him into the (6) The possop of governing a territory belonging to the United territory any article of property, including his slaves; which the States, which has not, hy becoming a state, acquired the means constitution recognises as property, and pledges the federal gov. of self-government, has been said to result necessarily from the ernment for its protection. Dred Scott v. Sandforu, 19 How. 395. facts that it is not within the jurisdiction of any particular state, (c) Whenever a right grows ont of, or is protected by, a treaty, aud is within the power and jurisdiction of the United States. it is sanctioned against all the laws and judicial decisions of tho The right to govern would seem to be the inevitable consequence states; and whoever may have this right it is to bo protected. of the right to acquire territory. American Insurance Co. v. Owings v. Norwood's Lessee, 5 Cr. 348. People v. Gerke, 4 Am. L. Canter, 1 Pet. 662-3. United States r. Gratiot, 14 Ibid. 537. Cross R. (N. 6 Opin. 291. But though a treaty is a law of the land, r. Harrison, 16 II w. 191. Coopress has the constitutional power and its provisions must be regarded by the courts as equivalent to pass laws punishing India's for crines and offences committed to an act of the legislature when it operates directly on a subject, against the United States. The Indian trile
inde yet, if it be merely a stipulation for future legislation by con. pendent nations as to be exempt from this kind of legislation. gress, it addresses itself to the political and not to the judicial Coited States v. Cha-to-kah-na-pe-sha, lemp. 27. The United department, and the latter must await the action of the former. States, under the present constitution, cannot acquire territory to Foster ». Neilson, 2 Pet. 253. A treaty ratified with proper for be beld as a colony, to be governed at its will and pleasure. But malities is, by the constitution, the supreme law of the lund, and it may acquire territory which, at the time, bas voi a population the courts have no power to exainine into the authority of the that fits it to become a state, and may severn it as a territory, persons by whom it was entered into on behalf of the foreign until it has a population which in the judgment of congress, nation. Doe v. Braden, 16 How.635. Though a treaty is the law entides it to be adiniited as a state of the Union. During the of the land, under the constitution, congress may repeal it, so faz time it remains a terrispy. congress muy legislate over it within as it is municipal law, provided its subject-matier be within the the scope of its constituibonal puwers in relation to citizens of the legislative power. Taylor v. Morton, 2 Curt. O. C. 154. United States and may establish a territorial government-and (d) See 1 Blatch. 656.
are not so
Daniel of St. Thomas Jenifer,
James Madison, jun.
Richard Dobbs Spaight,
Charles Cotesworth Pinckney,
Attest: William Jackson, Secretary.
AMENDMENTS TO THE CONSTITUTION.(a) Freedom of reli- Art. I. Congress shall make no law respecting an establishment of religion, or prozion of speech, of hibiting the free exercise thereof; or abridging the freedom of speech, or of the press; right of petition, or the right of the people peaceably to assemble, and to petition the government for a
redress of grievances. Right to bear Art. II. A well regulated militia being necessary to the security of a free state, the
right of the people to keep and bear arms shall not be infringed. Quartering of Art. III. No soldier shall, in time of peace, be quartered in any house without the troops.
consent of the owner; nor in time of war, but in a manner to be prescribed by law. Searches and Art. IV. The right of the people to be secure in their persons, houses, papers, avd seizures.
effects, against unreasonable searches and seizures, shall not be violated ; and no warWarrants.
rants (0) shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persors or things to be
seized.(c) Trials for crimes. Art. V. No person shall be held to answer for a capital or otherwise infamous crime,
unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy
of life or limb ;(d) nor shall be compelled, in any criminal case, to be witness against Rights of pro
himself; nor be deprived of life, liberty or property, without due process of law ;(e) perty. nor shall private property be taken for public use without just compensation.(9) Rights of defend. Art. VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy ants in criminal
and public trial, by an impartial jury() of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his
favor; (i) and to have the assistance of counsel for his defence. Trials in civil
Art. VII. In suits at common law,(k) where the value in controversy shall exceed (a) These twelve articles proposed by congress, in addition to several states. Barron v. Mayor of Baltimore, 7 ret. 243. Bonte and amendment of the constitution of the United States, having parte v. Camden and Amboy Railroad Co., Bald. 220. It is now been ratified by the legislatures of the requisite number of the settled that the amendments to the constitution do not estend states, are become a part of the constitution. The first ten to the states. Livingston's Lessee r. Moore, 7 Pet. 551. They are amendments were proposed hy congress at their first session, in exclusively restrictions upon federal power, intended to prevent 1789. The eleventh was proposed in 1794. And the twelfth interference with the rights of the states, and of their citizens. in 1803.
Fox v. Ohio, 5 How. 434. James v. Commonwealth, 12 S. & R. 221. (6) This refors only to process issued under the authority of Barker ». The People, 3 Cow. 686. the United States. Smith o. Maryland, 18 IIow. 71. And it was (h) This is only to be intended of those crituee which by our no application to proceedings for the recovery of dehts, as a trea former laws and customs had been tried by jury, l'uited States sury distress warrant. Murray's Lessee v. Hoboken Land and v. Duane. Wall. 306. Improvement Co., Ibid. 272.
(i) Any person charged with a crime in the courts of the United c) Sen Ex parte Burford, 3 Cr. 448. Wakely v. Iart, 6 Binn. States, has a richt, before, as well as after indictment, to the pro 316. 1 Opin. 229. 2 Thid. 266.
cess of the court to compel the atteudance of his witnesses. (. The court may discharge a jury from giving a verdict in a 1 Burr's Trial, 179-SO. capital case, without the consent of the prisoner, wbenever, in (k) This includes not merely modes of proceeding known to the their opinion, there is a manifest necessity for such an act, or the common law, but all suits, not of equity or admiralty juristie ends of publie justice would be otherwise defeated. United tion, in which legal rights are settled and determined. Parsons States v. Perez 9 h. 579. Sve United States v. llaskell, 4 W.C. v. Bedford, 3 Pet. 433. United States v. La Vengeance, 3 Dall. C. 402. United States v. Gibert, 2 Sumn. 19. United States v. 297. Webster t, Reid, 11 How, 457. Bains. The Schooner James Harding. 1 Wall. Jr. 127. 2 Opini. 655.
and Catharine, Buld. 514. It does not apply to an examination (e) See Murray's Lessee v. Hoboken Land and Improvement as to the claim for services, under the fugitive slave law. Miller Co., 18 Ilow. 276.
1. McQuerry, 5 JcLean, 469. In the matter of Martin. 2 Palue, (9) This provision is only a limitation of the power of the gen. 348. Nor to a motion for summary relief. Banning r. Taylor, 12 pral government; it has no application to the legislation of the larris, 259.
twenty dollars, the right of trial by jury shall be preserved; (a) and no fact tried by a jury shall be otherwise re-examined () in any court of the United States than according to the rules of the common law.(c)
Art. VIII. Excessive bail shall not be required, nor excessive fines imposed, nor Bail, fiues, &c. cruel and unusual punishments inflicted.(a)
Arr. IX. The enumeration in the constitution of certain rights, shall not be construed Reserred rights. to deny or disparage others retained by the people.(e)
Art. X. The powers not delegated to the United States by the constitution, nor pro- Povers not dele hibited by it to the states, are reserved to the states respectively or to the people. (9)
gated, reserved. Art. XI. The judicial power of the United States shall not be construed to extend to limitation of any suit in law or equity (h) commenced or prosecuted against one of the United States,(i)
ju licial power. by citizens of another state, or by citizens or subjects of any foreign state.(k)
Art. XII. 1. The electors shall meet in their respective states,(?) and vote by ballot Election of presi for president and vice president, one of whom, at least, shall not be an inhabitant of the dent and vice
president. same state with themselves; they shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice president; and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice president, and of the number of votes for each, which list they shall sign and certify, and transmit sealed (m) to the seat of the government of the United States, directed to the president of the senate; the president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, (n) and the votes shall then be counted; the person having the greatest number of votes for president shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as president, the house of representatives shall choose immediately by ballot the president.(0) But in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a president whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice president shall act as president, as in the case of the death or other constitutional disability of the president.
2. The person having the greatest number of votes as vice president shall be the vice president, if such number be a majority of the whole number of electors appointed ; and if no person have a majority, then from the two highest numbers on the list the senate shall choose the vice president: a quorum for the purpose shall consist of two. thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice.
3. But no person constitutionally ineligible to the office of president shall be eligible to that of vice president of the United States.
(a) The right to trial by jury is for the benefit of the parties diction. Olmsted's Case, Brightly, 9. See Ex parte Madrazzo, 7 liti ating, and may be waived by them. Upited States v. Rath- Pet. 627. bone, 2 Paine. 578. But the circuit courts have no power to orler (i) If the state be not necessarily a defendant, though its & peremptory nonsuit against the will of the plaintiff. Elmore interest may be affected by the decision, the courts of the United
. Gryms i Pet. 169. D'Wolf v. Rabaud, Ibid. 476. Crane v. States are bound to exercise juri-diction. Louisville Railroad Co. Lasse of Morris, 6 Ibid. 598. Thompson r. Campbell, Hemp. 8. v. Letson, 2 Hlow. 550. United States v. Peters, 5 Cr. 115.
(b) See Davidson o. Burr, 2 Cr. C. C. 515. Maddox v. Stewart, (k) A state, by becoming interested with others in a banking or Ibid. 523.
trading corporation, or by owning all the capital stock, does not (c) The common law here alluded to, is not the common law of impart to that corporation any of its privileges or prerogatives, it any individual state, but the common law of England; according lays down its sovereignty so far as respects the transactions of the to which facts once tried by a jury are never re-examined, unless corporation, and exercises no power or privilege in respect to thoro a new trial be granted in the discretion of the court, before which transactions not derived from the charter. Bank of the United the suit is depending, for good cause shown; or unless the judg: States v. Planters' Bank of Georgia, 9 Wh. 904. Bank of Ken. ment of such court be reversed by a superior tribunal, on a writ tucky v. Wiston, 3 Pet. 431. Briscoe v. Bank of Kentucky, 11 of error, and a renire fucius de novo awarded. United States v. Ibid. 324. Louisville Railroad Co. v. Letson, 2 liow. 497. DarringWonson, 1 Gall. 20.
ton r. Bank of Alabama. 13 low. 12. Curran v. Arkansas, 15 (d: The disfranchisement of a citizen is not an unusual punish- lbid. 309. And see Cohens v. Virginia, 6 Wh. 264. mont. Barber ". The People, 20 Johns. 159. The punishments of (. On the first Wednesday in December, by act 1 March 1792. whipping and of standing in the pillory, are abolished by act 28 1 Stat. 239. February 1939, 5, 5 Stat. 322. See James v. Commonwealth, 12 (m) Before the first Wednesday in January, by the same act. 8. & R. 220.
(n) On the second Wednesday in February, by the same act. (e) See 1 Story, Const. ? 447. United States v. New Bedford lo) On a motion to discharge a defendant arrested upon a copias Bridge, 1 W. & M. 401. Moore v. Houston, 3 S. & R. 169.
ad respondondum, by a mursbal appointed by the president de ) See United States v. Bailey, 1 McLean, 231.
facto of the United States, the court will not decide the question (h) It does not extend to suits of admiralty or maritime juris- whether he has been duly elected to that office. Peyton v Bronty
3 Cr. C. C. 424.
LAWS OF THE
THE UNITED STATES.
1. cnc on to abate by death. Executors, &c., to be sub- 2. Non-joinder of non-resident defendant not to abate suit Not stitu Sciro id. Continuance. Death of co-plaintiff or to prejudice. defendast wito slate ruit.
1 Stat. 90.
1. Where any suit (a) shall be depending in any court of the United States, and 24 Sept. 1789 2 31. either of the parvies shall die before final judgment,(b) the executor or administrator of such deceased parvy, who was plaintiff, petitioner or defendant, in case the cause of action Actions not to doth by law survive, (c) shall have full power to prosecute (d) or defend any such suit or Executors, &c., to action until final judgment; and the defendant or defendants are hereby obliged to answer be substituted thereto accordingly; and the court before whom such cause may be depending, is hereby empowered and directoa to hear and determine the same, and to render judgment for or against the executor or aansnistrator, as the case may require. And if such executor or Scire facias. administrator, having been duly served with a scire facias from the office of the clerk of the court where such suit is depending, twenty days beforehand, shall neglect or refuse to become a party to the suit, the court may render judgment against the estate of the deceased party,(e) in the same manner as if the executor or administrator had voluntarily made himself a party w the suit. And the executor or administrator who shall Continuance. become a party as aforesaid, shali, upon motion to the court where the suit is depending, be entitled to a continuance of the same until the next term of the said court.(9) And Death of co-plain. if there be two or more plaintiffs or defendants, and one or more of them shall die, if not to abate suit
. the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, iûe writ or action shall not be thereby abated; but such death being suggested upon the record, the action shall proceed at the suit of the surviving plaintiff or plaintiffs against the surviving defendant ur defendants.
2. Where, in any suit at law, or in equity, commenced in any court of the United 28 Feb. 18:39 ? 1. States, there shall be several defendants, any one or more of whom shall not be inhabitants of or found within the district where the suit is brought,(h) or shall not volun
5 Stat. 321.
(a) This section is confined to personal actions. Macker's (g) The opposite party is not entitled to a continuance. Gris Heira r. Thomas, 7 Wh. 530. Green v. Watkins, 6 Ibid. 280. It is wold v. Hill, 1 Paine, 485. Wilsou v. Codman's Executor, 3 Cr. a complete substitute for the ancient method of continuanoe by 193. journey'y account. Richards v. Maryland Insurance Co., 8 (h) By the constitution, jurisdiction is given to the federal Cr. 93.
courts, between citizens of different states; the act of 1789, how. (6) The statute embraces all cases of death before final judg- erer, restricts the exercise of this jurisdiction to cases where one ment. The death may happen before or after plea pleaded, before of the parties are citizens of the state where suit is brought; and or after issue joined, before or after verdict, or before or after by the settled construction of this act, where there are more than interlocutory judgment; and in all these cases the proceedings one party, plaintiff or defendant, the court must have jurisdiction are to be exactly as if the executor or administrator were a volun- between each party, plaiutiff and defendant. To remedly this tary party to the suit. Hatch v. Eustis, 1 Gall. 164. Griswold v. inconvenience the act of 1839 was passed, which enables a party lill, 1 Paine, 183–5. See McCoul v. Lekamp's Administratrix, 2 defendant, who may not reside in the district, to become a party Wh. 111. MeNutt r. Bland. 2 lIow. 28. McKinney v. Carroll, 12 to the suit. Taylor v. Cook, ? McLean, 516. But this aci bas Pet. 61. Clay o. Smith, 3 Ibid. 411.
wrought no change in the jurisdiction of the courts, as respects (c) All actions which arise er delicto die with the person; as an the character of parties; it only obviates the difficulties arising action for a penalty. Jones v. Vanzandt's Administrator, 4 Mc- from inability to join, or serve those, not liable to be sued by the Lean, 601. Whether or not, in any particular case, the cause of plaintiff, or not within reach of process. Commercial Bank of action survives, must depend altogether upon the local law. Hat- Vicksburg v. Slocomb, 14 Pet. 60. It relates solely to the non. beld r. Bushnell. 1 Blatch. 391. 8. C., D2 Verm, 659.
joinder of persons who are not within the reach of the process of (d) Juri-lirtion having once vested in the court, the fact that the court. It does not affect any case where persons having an the administrator of the deceased plaintiff is a citizen of, and interest, are not joined, because their citizeuship is such that their rezide: in, the cime state with the defendant, will not divest the joinder would defeat the jurisdiction. Shields v. Barrow, 17 How. court of jurisdiction, in case the administrator be admitted to 141. Tobin v. Walkinshaw, 5 Am, L. R. 1:22. If the absent de prosecute. Hatfield v. Bushnell, 1 Blatch, 393. 8. C., 22 Verm. fendants live in the same state with the plaintiff, the court cannot 659. Trige o. Conway, Hemp. 711. Clarke v. Mathewson, 12 Pet. take jurisdiction, as between them and the plaintiff, for the suit 170. Hatch r, Dorr, 4 McLean, 112. After the order for his u would not be, as to them, between citizens of different states. mission has been made it is too late to contest the fact that he is Bargh v. Page, 4 McLean, 11. See Louisville Railroad Co. v. Leto executor. Wilson n. Codman's Executor, 3 Cr. 193.
8on, 2 How. 566-7. (©) See United States v. Drennen, Hemp. 320.